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HomeMy WebLinkAbout2008-10-15; Planning Commission; Resolution 64961 PLANNING COMMISSION RESOLUTION NO. 6496 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING DENIAL OF A MITIGATED NEGATIVE DECLARATION, 4 MITIGATION MONITORING AND REPORTING PROGRAM, AND ADDENDUM, A GENERAL PLAN AMENDMENT TO 5 CHANGE THE GENERAL PLAN LAND USE FROM 6 PLANNED INDUSTRIAL/OFFICE TO REGIONAL COMMERCIAL AND PUBLIC UTILITIES, A ZONE CHANGE 7 FROM PLANNED INDUSTRIAL/OFFICE TO GENERAL COMMERCIAL AND PUBLIC UTILITY, A LOCAL COASTAL 8 PROGRAM AMENDMENT, A SPECIFIC PLAN, A PRECISE o DEVELOPMENT PLAN AMENDMENT, AND A COASTAL DEVELOPMENT PERMIT TO DEVELOP A 28.3-ACRE 10 PARCEL INTO FOUR SEPARATE PARCELS FOR AN AUTOMOTIVE AND OTHER MOTOR VEHICLE SALES 11 FACILITY LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND 12 POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT 13 ZONE 22. CASE NAME: CARLSBAD ENCINA AUTO PLAZA 14 CASE NO.: GPA 07-017 ZC 07-017 LCPA 07-01/ SP 07- 01/POP 01 (IV CDP 07-03 15 16 WHEREAS, Hoehn Avenida Encinas, LLC, "Developer," has filed a verified 17 application with the City of Carlsbad regarding property owned by The Encina Wastewater 18 Authority, a California public agency, "Owner," described as 2Q That portion of Section 20, Township 12 South, Range 4 west, San Bernardino Base and Meridian, according to official Plat 21 thereof and that portion of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the Office of the 22 County Recorder of San Diego County, April 26,1927 23 ("the Property"); and 24 WHEREAS, said verified application constitutes a request for a Mitigated 25 Negative Declaration, Mitigation Monitoring And Reporting Program, And Addendum, General 26 ~- Plan Amendment, Zone Change, Local Coastal Program Amendment, Specific Plan, Precise 28 Development Plan Amendment, and Coastal Development Permit as shown on Exhibits "GPA 07-01," "ZC 07-01," "LCPA 07-01," "SP 07-01," "Exhibit X," and Exhibits "A" - "II" dated September 3, 2008, attached hereto and on file in the Carlsbad Planning Department, 2 CARLSBAD ENCINA AUTO PLAZA - GPA 07-017 ZC 07-017 LCPA 07-017 SP 07-017 3 PDF 01(1)7 CDP 07-03, as provided in Government Code Section 65350 et. seq. and Section 4 , 21.52.150, Section 21.52, Public Resources Code Section 30574, Government Code Section 6 65453, Section 21.36 and Section 21.201.040 of the Carlsbad Municipal Code; and 7 WHEREAS, the Planning Commission did, on September 3, 2008, September o0 17, 2008, and October 15, 2008, hold duly noticed public hearings as prescribed by law to 9 consider said request; and 10 WHEREAS, at said public hearings, upon hearing and considering all testimony 11 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 13 relating to the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, 14 and Addendum, General Plan Amendment, Zone Change, Local Coastal Program Amendment, Specific Plan, Precise Development Plan Amendment, and Coastal Development Permit. 16 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 17 Commission of the City of Carlsbad, as follows: 18 A) That the above recitations are true and correct. 2Q B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS DENIAL of CARLSBAD ENCINA AUTO PLAZA - 21 Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and addendum/GPA 07-017 ZC 07-017 LCPA 07-017 SP 07-017 PDF 22 OlflV CDP 07-03. based on the following finding: r. ,.Findings: 24 1. The proposed plan would be detrimental to the public interest, health, safety, 25 convenience, or welfare of the City in that the Carlsbad Encina Auto Plaza project is not compatible with the nearby residences and will cause nuisance impacts in the form of increased light, noise, and vehicular traffic from the proposed project. 27 28 PC RESO NO. 6496 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on October 15, 2008, by the following vote, to wit: AYES: Commissioners Boddy, Dominguez, Douglas, and Montgomery NOES: Commissioners Baker, Cardosa, and Chairperson Whitton ABSENT: ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6496 -3-